Legal Opinion

Redev't Authority of City of York v. Bratic

Commonwealth Court of Pennsylvania

Decided May 10, 2012No. 1677 C.D. 2011PublishedCited by 6 opinions

1Opinion of the Court

OPINION BY

Senior Judge COLINS.

Dusan Bratic (Condemnee) appeals the August 4, 2011 order of the York County Court of Common Pleas (trial court) overruling his preliminary objections to a declaration of taking filed by the Redevelopment Authority of the City of York (Condemnor). We affirm the order of the trial court.

In eminent domain proceedings, preliminary objections are the exclusive means by which a condemnation may be challenged, and are limited to: (i) the power or right of the condemnor to appropriate the condemned property unless it has been previously adjudicated; (ii) the sufficiency…

2Cases cited10 opinions

  1. Cabell v. MarkhamCourt of Appeals for the Second Circuit · 1945
  2. Schenck v. PittsburghSupreme Court of Pennsylvania · 1950
  3. Harrisburg School District v. ZogbySupreme Court of Pennsylvania · 2003
  4. Adelphia Cablevision Associates of Radnor, L.P. v. University City Housing Co.Superior Court of Pennsylvania · 2000
  5. Simco Stores, Inc. v. Philadelphia Redevelopment AuthorityCommonwealth Court of Pennsylvania · 1973

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3Cited by6 opinions

  1. Smucker v. Lancaster City Planning CommissionCommonwealth Court of Pennsylvania · 2013
  2. City of Bethlehem v. A.S. Kanofsky, USA Appeal of: A.S. KanofskyCommonwealth Court of Pennsylvania · 2018
  3. G.D. Wolfe & M.O. Wolfe, h&w v. Reading Blue Mtn. & Northern RR Co.Commonwealth Court of Pennsylvania · 2022
  4. In Re: Condemnation of Land in Bucks County, PA Located at 183 Buck Road ~ Appeal of: Mill Race Inn, Ltd.Commonwealth Court of Pennsylvania · 2016
  5. In re: Appeal of Demolition Notice relating to 1920 Riverside Dr. S. Williamsport Tax Parcel 53-01-837 ~ Appeal of: B. Gordner & 1920 Riverside Dr., LLCCommonwealth Court of Pennsylvania · 2024

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